Dickson v. Rucho Motion for Expedited Schedule on Remand

No. 201PA12-2 TENTH DISTRICT

SUPREME COURT OF NORTH CAROLINA

**************************************

MARGARET DICKSON, et al., )

Plaintiffs, ) From Wake County

11 CVS 16896

11 CVS 16940

(Consolidated)

)

v. )

)

ROBERT RUCHO, et al., )

Defendants. )

)

NORTH CAROLINA STATE )

CONFERENCE OF BRANCHES OF )

THE NAACP, et al., )

Plaintiffs, )

)

v. )

)

THE STATE OF NORTH

CAROLINA, et al.,

)

)

)

Defendants. )

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PLAINTIFFS MOTION FOR EXPEDITED SCHEDULE ON REMAND

******************************************************************

By Order dated 20 April 2015, copy attached, the United States Supreme

Court granted Plaintiffs certiorari petition in these consolidated cases, vacated this

Courts 19 December 2014 decision, and remanded these cases to this Court for

reconsideration consistent with the 25 March 2015 decision of the United States

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Supreme Court in Alabama Legislative Black Caucus v Alabama, 135 S. Ct. 1257

(2015).

Plaintiffs now respectfully move the Court to establish an expedited

schedule for resolving these cases on remand that is designed reasonably to assure

that the 2016 legislative and congressional elections are held under valid and

lawful redistricting plans. In support of this request, Plaintiffs show the Court:

1. The issue before the Court on remand is whether the North Carolina

General Assembly engaged in racial gerrymandering in enacting the

legislative and congressional districts challenged in these lawsuits in

violation of the rights of all North Carolinians under the Fourteenth

Amendment Equal Protection Clause of the United States

Constitution.

2. Prompt and proper resolution of this issue is of surpassing importance

to the State and its citizens. As Justice Scalia observed just three

weeks ago: Racial gerrymandering strikes at the heart of our

democratic process, undermining the electorates confidence in its

government as representative of a cohesive body politic in which all

citizens are equal before the law. Id., Dissent Slip. Op. at 2 (Scalia, J.

dissenting).

3. Plaintiffs filed these lawsuits challenging 26 election districts as racial

gerrymanders on 3 and 4 November 2011, immediately upon the

effective date of the legislative redistricting. They have pressed hard

for reliefand without any delayat every stage of the litigation,

including efforts to secure a preliminary injunction against holding

2012 elections using the challenged districts. It is now more than three

years and five months and two general elections later. In 2012 and

2013, legislators elected from these suspect districts participated in the

enactment of 752 separate laws affecting every aspect of the lives of

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every North Carolinian. These suspect districts were also used for the

2014 general elections, and legislators elected from these suspect

districts are again participating in the enactment of laws affecting

every aspect of the lives of every North Carolinian. During the entire

2014 election cycle, these matters were pending before this Court

without any action. This Court held oral arguments on these matters

on 6 January 2014, but did not issue its decision until 19 December

2014, after the 2014 elections.

4. In the Alabama decision, the United States Supreme Court reversed

the decision of a three-judge federal district court that had rejected

claims by Alabama citizens that legislative districts drawn by the

Alabama Legislature were unconstitutional racial gerrymanders. In

almost exactly the same way as the North Carolina General Assembly,

the Alabama Legislature expressly adopted and applied a policy of

prioritizing mechanical racial targets above all other redistricting

criteria. Slip Op. at 10.

5. In light of the United States Supreme Court decision in the Alabama

case and the remand in this case, this Courts 19 December 2014

decision is flawed in at least five major respects.

First, the United States Supreme Courts Alabama decision

establishes that the trial court here correctly concluded that race

was the dominant factor used to draw the challenged Senate,

House, and Congressional Districts. Indeed, under the Supreme

Courts decision, there is no reasonable basis to conclude that

race was not the predominant factor used by the North Carolina

General Assembly in drawing the challenged districts.

Second, the decision establishes that North Carolinas Section 5

justification for its race-based actions is invalid, unfounded, and

unsupported by the text of Section 5.

Third, the decision establishes that even if North Carolina had a

compelling Section 5 justification for its race-based actions, it

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failed to narrowly tailor the challenged districts to conform to

any such justification.

Fourth, the decision and the remand in these cases strongly

suggest that North Carolinas Section 2 justification for its race-

based actions is also invalid and unfounded and unsupported by

the text of Section 2.

Fifth, the decision and the remand strongly suggest that even if

North Carolina had a compelling Section 2 justification for its

race-based actions, it failed to narrowly tailor the challenged

districts to conform to any such justification.

6. As it turns out, the districts challenged in these lawsuitsdesigned in

the words of this Court to inoculate the State against liability under

the Voting Rights Actare in fact infected with an unconstitutional

virus. As Justice Scalia observed, that virus strikes at the heart of the

democratic process and undermines the publics confidence in the

democratic process. Id., Dissent Slip. Op. at 2 (Scalia, J. dissenting).

7. Plaintiffs and all North Carolinians have a basic and fundamental

right to have their representatives elected from valid and lawful

districts and to have laws enacted on their behalf by a General

Assembly not illegally constituted.

8. This Court should exercise its authority under Rule 2 of the Rules of

Appellate Procedure to assure that the validity of these suspect

districts is finally determined by this Court in time for new districts to

be enacted for the 2016 elections if necessary.

9. The Stephenson litigation in 2002, 355 N.C. 354, 562 S.E.2d 377

(2002) (Stephenson I), shows that this Court has the capacity to see

that such challenges can be resolved in a relatively short time. In that

case, there were elaborate legislative and judicial actions that lasted

only five months total. Under scheduling orders issued by this Court

under Rule 2, the validity of redistricting legislation enacted by the

General Assembly and the validity of substitute plans adopted by the

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trial court were briefed, argued, and decided in a period of five

months. On 20 February 2002, the trial court held that redistricting

laws enacted by the General Assembly were invalid; on 30 April

2002, this Court affirmed that decision; on 10 May 2002, the General

Assembly enacted new laws; on 31 May 2002, the trial court held that

the General Assemblys substitute laws were also invalid and adopted

its own redistricting plans; and on 16 July 2002, this Court upheld the

trial courts order and its plans.

10. Applying the same sense of urgency to the circumstances of these

cases, Plaintiffs propose the following schedule for adoption:

27 April 2015: Defendants respond to this motion;

8 May 2015: the parties file simultaneous briefs addressing

whether remand is necessary and any issues identified by the

Court;

15 May 2015: any response briefs are filed; and

No later than 1 June 2015: the Court decides whether remand is

necessary and establishes an appropriate schedule.

If remand is necessary, Plaintiffs propose the following

schedule:

No later than 28 August 2015: the trial court is directed to

conduct necessary proceedings on prescribed issues and to

resolve those issues;

If an appeal follows:

No later than 18 September 2015: a supplemental record

on any appeal is filed;

No later than 16 October 2015: appellants briefs are

filed;

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No later than 23 October 2015: appellees briefs are filed;

and

Week of 26 October 2015: oral arguments held.

If remand is not necessary, Plaintiffs propose the following

schedule:

5 June 2015: initial supplemental briefs simultaneously filed

in this Court;

19 June 2015: any reply briefs filed; and

Oral argument held as soon after the completion of briefing

as practicable.

Wherefore, in the interest of justice, in order to protect the confidence of

citizens in the democratic process, and in order to protect the rights of all North

Carolinians, Plaintiffs respectfully move the Court to adopt an expedited schedule

on remand of these cases from the United States Supreme Court designed

reasonably to assure that the 2016 legislative and congressional elections are held

under lawful, valid plans.

This the 20th day of April, 2015.

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POYNER SPRUILL LLP

By: /s/ Edwin M. Speas, Jr.

Edwin M. Speas, Jr.

N.C. State Bar No. 4112

[email protected]

P.O. Box 1801

Raleigh, NC 27602-1801

Telephone: 919.783.6400

Facsimile: 919.783.1075

COUNSEL FOR PLAINTIFFS-

APPELLANTS THE DICKSON

PLAINTIFFS

N.C. R. App. P. 33(b) Certification:

I certify that all of the attorneys listed

below have authorized me to list their

names on this document as if they had

personally signed it.

- 8 -

POYNER SPRUILL LLP

By: /s/ John W. OHale John W. OHale


[email protected]

By: /s/ Caroline P. Mackie

Caroline P. Mackie


[email protected]

P.O. Box 1801

Raleigh, NC 27602-1801

Telephone: 919.783.6400

Facsimile: 919.783.1075


APPELLANTS THE DICKSON

PLAINTIFFS

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SOUTHERN COALITION FOR SOCIAL JUSTICE

By: /s/ Anita S. Earls

Anita S. Earls


[email protected]

By: /s/ Allison Riggs

Allison Riggs


[email protected]

1415 Highway 54, Suite 101

Durham, NC 27707

Telephone: (919) 323-3380

Facsimile: (919) 323-3942


APPELLANTS THE NAACP

PLAINTIFFS

TIN FULTON WALKER & OWEN, PLLC

By: /s/ Adam Stein

Adam Stein


[email protected]

312 West Franklin Street

Chapel Hill, NC 27516

Telephone: (919) 240-7089

Facsimile: (919) 240-7822


APPELLANTS THE NAACP

PLAINTIFFS

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that this day a copy of the foregoing

PLAINTIFFS MOTION FOR EXPEDITED SCHEDULE ON REMAND has

been duly served by e-mail and by depositing a copy thereof in an envelope

bearing sufficient postage in the United States mail, addressed to the following

persons at the following addresses, which are the last addresses known to me:

Alexander M. Peters

Special Deputy Attorney General

Office of the Attorney General

P.O. Box 629

Raleigh, NC 27602

[email protected]

[email protected]

Counsel for Defendants

Thomas A. Farr

Phillip J. Strach

Ogletree, Deakins, Nash, Smoak &

Stewart, P.C.

4208 Six Forks Road, Suite 1100

Raleigh, NC 27602

[email protected]

[email protected]

Counsel for Legislative Defendants

Rucho, Lewis, Dollar, Dockham,

Berger, and Tillis

This the 20th day of April, 2015.

/s/ Edwin M. Speas, Jr.

Edwin M. Speas, Jr.

Attachment

Copy of United States Supreme Courts Order List of 20 April 2015

(ORDER LIST: 575 U. S.)

MONDAY, APRIL 20, 2015

CERTIORARI -- SUMMARY DISPOSITIONS

14-839 DICKSON, MARGARET, ET AL. V. RUCHO, ROBERT, ET AL.

The petition for a writ of certiorari is granted. The

judgment is vacated, and the case is remanded to the Supreme

Court of North Carolina for further consideration in light of

Alabama Legislative Black Caucus v. Alabama, 575 U. S. ___

(2015).

14-976 CSR PLC, ET AL. V. AZURE NETWORKS, LLC, ET AL.

The petition for a writ of certiorari is granted. The

judgment is vacated, and the case is remanded to the United

States Court of Appeals for the Federal Circuit for further

consideration in light of Teva Pharmaceuticals USA, Inc., v.

Sandoz, Inc., 574 U. S. ___ (2015).

ORDERS IN PENDING CASES

14A632 WARNER, ADELBERT H. V. UNITED STATES

The application for a certificate of appealability addressed

to Justice Kennedy and referred to the Court is denied.

14M105 LYON, LeFLORIS V. WISE CARTER CHILD, ET AL.

The motion for leave to file a petition for a writ of

certiorari with the supplemental appendix under seal is

granted.

14M106 INOUE, YURI V. BD. OF TRUSTEES, FL A&M UNIV.

The motion to direct the Clerk to file a petition for

a writ of certiorari out of time under Rule 14.5 is denied.

1

14M107 IN RE ROSSI M. POTTS

The motion for leave to proceed as a veteran is granted.

14-5939 CREDICO, JUSTIN M. V. CEO SIEMENS, ET AL.

14-7509 STEINER, EDWARD R. V. JONES, SEC., FL DOC, ET AL.

14-7514 STEINER, EDWARD R. V. JONES, SEC., FL DOC, ET AL.

14-7743 GORBEY, MICHAEL S. V. MONONGALIA COUNTY, WV, ET AL.

The motions of petitioners for reconsideration of orders

denying leave to proceed in forma pauperis are denied.

14-7955 GLOSSIP, RICHARD E., ET AL. V. GROSS, KEVIN J., ET AL.

The motion of petitioners for leave to file Volume II of

the joint appendix under seal with redacted copies for the

public record is granted.

14-8355 CLEWIS, ROSE M. V. MEDCO HEALTH SOLUTIONS, INC.

14-8413 SMITH, NARY V. ST. MARTINVILLE, LA

14-8491 WHITE, BRENDA V. SOUTHEAST MI SURGICAL, ET AL.

14-8617 HORSELEY, TARRIA M. V. UNIVERSITY OF ALABAMA, ET AL.

14-8840 GUARASCIO, JOSEPH M. V. UNITED STATES

14-8976 GILMORE, ARTHUR V. UNITED STATES

The motions of petitioners for leave to proceed in forma

pauperis are denied. Petitioners are allowed until May 11, 2015,

within which to pay the docketing fees required by Rule 38(a) and

to submit petitions in compliance with Rule 33.1 of the Rules of

this Court.

CERTIORARI DENIED

14-534 GUPTA, RAJAT K. V. UNITED STATES

14-668 SWEENEY, JON H. V. UNITED STATES

14-728 TORRESSO, JAY, ET AL. V. TEREBESI, RONALD

2

14-777 ) CARDONA, LILIANA M., ET AL. V. CHIQUITA BRANDS INT'L, ET AL. )

14-1011 ) DOES 1-144, ET AL. V. CHIQUITA BRANDS INT'L, ET AL.

14-781 UNITED STATES V. CMS CONTRACT MANAGEMENT, ET AL.

14-792 WISCONSIN, ET AL. V. LAC COURTE OREILLES BAND, ET AL.

14-798 ) McLAURIN, DEANGELO V. UNITED STATES )

14-7954 ) LOWERY, NICHOLAS V. UNITED STATES

14-850 BECTON, DICKINSON AND CO. V. RETRACTABLE TECHNOLOGIES, ET AL.

14-858 LVNV FUNDING, ET AL. V. CRAWFORD, STANLEY

14-864 HILLCREST PROPERTY, LLP V. PASCO COUNTY, FL

14-866 BRILEY, JAY B. V. UNITED STATES

14-946 MACON, VERLEAN E. V. J.C. PENNEY COMPANY

14-952 VONG, CINDY, ET AL. V. AUNE, DONNA

14-974 DUBLIN EYE ASSOCIATES, ET AL. V. MA MUTUAL LIFE INS. CO., ET AL.

14-977 BRYANT, WAYNE V. DASILVA, ANTHONY

14-978 EON CORP. IP HOLDINGS V. APPLE INC., ET AL.

14-984 TRAYLOR, JOHNNY V. HOWARD, KIRSTEN M., ET AL.

14-987 CENTRAL STATES, HEALTH, ET AL. V. GERBER LIFE INSURANCE, ET AL.

14-993 THOMAS, AMY L. V. LOUISIANA

14-1001 LITCHFIELD HISTORIC, ET AL. V. CHABAD LUBAVITCH, ET AL.

14-1022 PARTINGTON, EARLE A. V. HOUCK, JAMES W., ET AL.

14-1034 SCHMUDE, JOSHUA A. V. TEXAS

14-1041 BROOKS, CHARLES V. SC COMM'N OF INDIGENT DEFENSE

14-1048 NATIONAL ORG. FOR MARRIAGE V. GEIGER, DEANNA L., ET AL.

14-1054 SANTOMENNO, DANIELLE, ET AL. V. JOHN HANCOCK LIFE INS., ET AL.

14-1067 GROVES, NANCY, ET AL. V. BAC HOME LOANS SERVICING

14-1075 JARBO, RAAD, ET UX. V. BANK OF NEW YORK MELLON

14-1086 FOSTER, STEVEN J. V. STATE BAR OF CA

14-1089 ZINSTEIN, ALAN, ET AL. V. UNITED STATES

3

14-1107 O'SHELL, GLORIA K. V. CLINE, MICHAEL B., ET AL.

14-1108 YUFA, ALEKSANDR L. V. TSI, INC.

14-1109 LOWE, HARRY D. V. DANIELS, WARDEN

14-1117 PASTERNAK, LEE G. V. CALIFORNIA

14-1125 BOTELLO, JENNIFER M., ET AL. V. CHRISTUS SANTA ROSA HEALTH CARE

14-1126 BETSINGER, STEVEN M. V. D.R. HORTON, INC., ET AL.

14-1135 WRIGHT, THOMAS L. V. UNITED STATES

14-1162 CANTRELL, HARRY E. V. CIR

14-7059 ) SMITH, DONALD F. V. CALIFORNIA )

14-7386 ) WHEELER, LEROY V. CALIFORNIA

14-7119 HERNANDEZ, JOSE R. V. HOLDER, ATT'Y GEN.

14-7376 CLAYTON, DANE E. V. NEW YORK CITY TAXI & LIMOUSINE

14-7553 COOPER, KAREN V. COOPER, GEORGE R.

14-7909 MARINOV, MILEN V. UNITED STATES

14-7977 HUNT, GREGORY V. DUNN, COMM'R, AL DOC

14-7996 M. M. R. V. COLORADO

14-8003 ) HOPPER, ROBERT W. V. UNITED STATES )

14-8550 ) DUNN, TIMOTHY S. V. UNITED STATES

14-8303 EATON, YVONNE V. UNITED STATES

14-8338 WILLIAMS, CLYDE B. V. CIRCUIT COURT OF WI, ET AL.

14-8354 CURRIE, ANNE L. V. MISSOURI

14-8360 BENNERMAN, IRVING V. UNITED STATES

14-8365 LEARY, FRANCIS V. STEPHENS, DIR., TX DCJ, ET AL.

14-8367 PERRY, ADAM L. V. ENTERTAINMENT ONE, ET AL.

14-8368 POPE, LAMONE R. V. PUB. DEF. OFFICE, CRAWFORD CTY.

14-8372 EADY, LAMAR V. UNITED STATES

14-8375 ALLEN, DARNELL V. ILLINOIS

14-8376 BENEDETTO, CHRISTOPHER J. V. BROADHEAD, WARDEN, ET AL.

4

14-8382 MOSES, ELNORA V. TX WORKFORCE COMMISSION, ET AL.

14-8383 REINARD, DONALD W. V. NEW YORK

14-8385 PRICE, CHARLES B. V. MITCHELL, SUPT., OLD COLONY

14-8390 THORNTON, RICHARD B. V. BUTLER, DWIGHT, ET AL.

14-8395 QUILLING, STEVEN M. V. ARNOLD, ACTING WARDEN

14-8403 McGUIRE, TOMMY R. V. JONES, SEC., FL DOC, ET AL.

14-8404 PERRY, RONNEY D. V. NEBRASKA

14-8406 WILLIAMS, SAMUEL H. V. RUSSELL, WARDEN

14-8408 McKISSICK, RODERICK V. DEAL, GOV. OF GA, ET AL.

14-8409 WARD, JOSEPH L. V. PRICE, WARDEN

14-8411 REYNA, OSCAR J. V. STEPHENS, DIR., TX DCJ

14-8414 MARTINS, JUSTINO V. KERESTES, SUPT., MAHANOY, ET AL.

14-8416 CARRASCO, ROBERT V. CALIFORNIA

14-8418 ADAMS, VANDALVEN V. JONES, SEC., FL DOC, ET AL.

14-8419 TAYLOR, EDWARD L. V. ILLINOIS

14-8422 MERMER, SEAN V. CALIFORNIA

14-8424 JONES, JAMES E. V. VIRGINIA

14-8425 SANCHEZ, EBER E. V. SHANAHAN, KIERAN J., ET AL.

14-8428 LOGAN, JAMES D. V. CALIFORNIA

14-8429 TONEY, JAMES I. V. HAKALA, MICHAEL, ET AL.

14-8431 RICHARDSON, ALMA V. TX WORKFORCE COMMISSION, ET AL.

14-8438 PERRY, BASIL V. WOODS, WARDEN

14-8439 CLARK, ANTHONY V. THOMPSON, INTERIM WARDEN

14-8440 DAVIS, CHARLES T. V. CALIFORNIA

14-8441 MARTS, SIDNEY V. BELL, FRANK, ET AL.

14-8443 JOHNSON, GLEN M. V. ARNOLD, WARDEN

14-8446 TWILLIE, TERRI N. V. ERIE SCHOOL DISTRICT, ET AL.

14-8447 TACKETT, GENERAL V. KENTUCKY

5

14-8448 WALTERS, ROBERT K. V. CALIFORNIA

14-8451 MEJIA, DINO C. V. STEPHENS, DIR., TX DCJ

14-8457 SITTERLY, DAVID V. ILLINOIS

14-8461 NESBIT, CLARENCE V. TENNESSEE

14-8466 KENNARD, JOHN V. ASHLAND, KY, ET AL.

14-8471 BOLTON, ERIC L. V. CAIN, WARDEN

14-8477 WALKER, RODERIC V. U.S. BANK NATIONAL ASSN., ET AL.

14-8478 TRUSTY, JAMES V. VIRGINIA

14-8479 TANNER, ALPHONSO T. V. FLORIDA

14-8480 BELTRAN, JAIME E. V. McDOWELL, ACTING WARDEN

14-8484 MORRIS, DEREK L. V. ZATECKY, SUPT., PENDLETON

14-8487 LACOY, JAMES V. IAC

14-8497 STRAND, RICHARD L. V. FOULK, WARDEN

14-8498 MARTINEZ, GILBERT V. BROWN, RICHARD, ET AL.

14-8503 SPECKMAN, STEPHEN H. V. TEXAS

14-8509 JACKSON, WILLIAM F. V. CLARKE, DIR., VA DOC

14-8511 HARRIS, JEFFERY J. V. COLVIN, ACTING COMM'R, SOC. SEC.

14-8525 HARPER, CEDEAL T. V. BALLARD, WARDEN

14-8527 KINNEY, WILLIAM V. OREGON

14-8529 LESTER, JAMES V. LOGAN'S ROADHOUSE, INC.

14-8532 LARSON, HOLLIS V. MINNESOTA

14-8543 HUANG, DONGSHENG V. ULTIMO SOFTWARE SOLUTIONS, INC.

14-8548 OLSON, JEFFREY E. V. POLLARD, WARDEN

14-8551 YOUNG, CHRISTOPHER V. GLUNT, SUPT., ROCKVIEW, ET AL.

14-8553 WALTON, GEARY W. V. RYAN, DIR., AZ DOC, ET AL.

14-8562 LEPRE, GERALD V. LUKUS, PAUL, ET AL.

14-8564 RILEY, MICHAEL V. MASSACHUSETTS

14-8571 JOHNSON, BONNIDE V. FOLKS, SHARON, ET AL.

6

14-8579 O'DOWD, JOHN K. V. LOUISIANA

14-8588 STEWART, THOMAS V. RYAN, DIR., AZ DOC, ET AL.

14-8592 ROSS, DENNY F. V. OHIO

14-8596 SHELEY, NICHOLAS T. V. ILLINOIS

14-8597 ALEXANDRETTE, JAMEL V. McFADDEN, WARDEN

14-8603 SMITH, TIMOTHY L. V. ALLISON, WARDEN, ET AL.

14-8606 BARKER, RANDY K. V. UNITED STATES

14-8613 SMITH, CARLOS R. V. FLORIDA

14-8634 TROTTER, MOSES A. V. CLARKE, DIR., VA DOC

14-8637 AVILA, HECTOR V. KEMPF, DIR., ID DOC, ET AL.

14-8650 RUSSO, MICHAEL R. V. IDAHO

14-8657 SHATLAW, NICHOLAS J. V. OREGON

14-8671 BENTON, DAVID L. V. CLARK COUNTY JAIL, ET AL.

14-8685 FREEMAN, SAMUEL V. KOSTER, ATT'Y GEN. OF MO, ET AL.

14-8688 MITCHELL, GREGORY E. V. UNITED STATES

14-8689 LAWNIK, GREGORY V. NEW JERSEY

14-8691 SULLIVAN, DWIGHT F. V. CARTLEDGE, WARDEN

14-8698 BOTTORFF, LOUIS V. JONES, SEC., FL DOC

14-8699 LEWIS, RAY C. V. DAVEY, ACTING WARDEN

14-8701 SANFORD, MICHAEL V. PENNSYLVANIA

14-8703 GRIFFITH, HOWARD V. NEW YORK

14-8706 NIA, AKANBI V. OHIO

14-8711 KATSIPIS, LAMBROS V. UNITED STATES

14-8713 TURNER, RICKY L. V. PORTER, CORPORAL

14-8714 SWARTZWELDER, GARRY D. V. FISHER, SUPT., SMITHFIELD

14-8718 DORSEY, MICHAEL V. MARYLAND

14-8719 SHAW, RUFUS R. V. MACOMBER, WARDEN

14-8721 ABDULLAH, MUHAMMED M. V. UNITED STATES

7

14-8722 BOYKIN, DONCEY F. V. UNITED STATES

14-8723 BERG, JEREMIAH S. V. UNITED STATES

14-8724 SYKES, WILLIAM V. UNITED STATES

14-8725 SANCHEZ-LARITA, HOMERO E. V. UNITED STATES

14-8726 BOOKER, DEMARIO K. V. UNITED STATES

14-8730 KING, JAMES H. V. UNITED STATES

14-8742 DAVIS, BERNARD C. V. UNITED STATES

14-8745 WOODS, JAMES J. V. UNITED STATES

14-8750 GEWIN, BARRY W. V. UNITED STATES

14-8752 GREEN, LEROY J. V. UNITED STATES

14-8771 McCAFFERTY, JOHN P., ET UX. V. WELLS FARGO BANK

14-8772 TSOA, GING-HWANG V. UNITED STATES

14-8776 BEST, COLECO T. V. NORTH CAROLINA

14-8784 LEE, DANIEL V. UNITED STATES

14-8786 OKEAYAINNEH, JULIAN V. UNITED STATES

14-8787 CISNEROS, JOSHUA V. UNITED STATES

14-8788 ZAVALA-AMADOR, GERARDO V. UNITED STATES

14-8789 DURON-ROSALES, WILLY J. V. UNITED STATES

14-8790 BANNER, JOSEPH V. UNITED STATES

14-8794 FOSTER, CHESTON V. UNITED STATES

14-8795 CRUZ, SHANE V. UNITED STATES

14-8797 HALBERT, CLINTON L. V. UNITED STATES

14-8798 GUEVARA, RICARDO A. V. UNITED STATES

14-8801 HILL, PHILLIP E. V. UNITED STATES

14-8802 GRAYSON, ERIC V. UNITED STATES

14-8803 GARNER, VINCENT L. V. UNITED STATES

14-8810 JOHANSEN, SETH V. MAINE

14-8813 ROLON-RAMOS, RAFAEL V. UNITED STATES

8

14-8814 BELL, RAYMOND L. V. UNITED STATES

14-8816 MITCHELL, CALVIN D. V. UNITED STATES

14-8817 COGSWELL, ED V. UNITED STATES

14-8821 COLLINS, DWAINE A. V. UNITED STATES

14-8829 RANIERI, ALBERT M. V. UNITED STATES

14-8830 ESTEVEZ, ALEXIS V. UNITED STATES

14-8832 LAGRONE, SHERYL D. V. UNITED STATES

14-8836 STRONG, BENTON V. UNITED STATES

14-8838 ALLEN, PHILLIP V. UNITED STATES

14-8841 McKINNEY, COREY M. V. UNITED STATES

14-8843 PRAT, LAZARO V. UNITED STATES

14-8845 ESQUIVEL, HERIBERTO V. UNITED STATES

14-8852 LUMPKIN, AARON A. V. UNITED STATES

14-8854 HESTER, JOSHUA J. V. UNITED STATES

14-8855 HARMON-WRIGHT, DANIEL W. V. VIRGINIA

14-8857 BONG, TROY A. V. UNITED STATES

14-8862 COAXUM, WILLIAM V. SOUTH CAROLINA

14-8863 DEBOLT, GARY R. V. UNITED STATES

14-8865 SINGH, JARED K. V. UNITED STATES

14-8866 KELLY, MARCUS B. V. UNITED STATES

14-8870 MURRAY, CLIFFORD V. WENEROWICZ, SUPT., GRATERFORD

14-8876 WILLIAMS, MICHAEL D. V. UNITED STATES

14-8877 WADE, LAWRENCE V. UNITED STATES

14-8879 PHILLIPS, DAVID N. V. UNITED STATES

14-8880 GRANT, O'DEAN M. V. UNITED STATES

14-8882 HERNANDEZ, OSCAR V. UNITED STATES

14-8883 SMARR, ANTORIO R. V. NORTH CAROLINA

14-8885 COX, WILLIAM A. V. UNITED STATES

9

14-8888 FLORES, ALEJANDRO V. UNITED STATES

14-8895 GOMEZ-PERALES, MANUEL F. V. UNITED STATES

14-8896 GRAVES, MARIO A. V. UNITED STATES

14-8898 BURTTON, TAFT V. UNITED STATES

14-8900 ACOSTA-GONZALEZ, LEDIAN V. UNITED STATES

14-8901 BUTLER, ANTHONY V. UNITED STATES

14-8902 RAMEY, RYAN R. V. TRAXLER, CHIEF JUDGE, ET AL.

14-8904 REED, ARTHUR V. GAVIN, SUPT., WAYMART, ET AL.

14-8905 TUCKER, CHRISTOPHER J. V. UNITED STATES

14-8906 WALKER, STEPHEN S. V. UNITED STATES

14-8910 OWENS, DANE D. V. UNITED STATES

14-8914 CUEVAS, WILTON J. V. UNITED STATES

14-8917 SULLIVAN, CYRUS A. V. UNITED STATES

14-8924 KENNEDY, SHAMON V. UNITED STATES

14-8925 THOMAS, PATRICK C. V. UNITED STATES

14-8928 GAINES, DONAZE V. UNITED STATES

14-8930 FERRUFINO-RODRIGUEZ, LUIS A. V. UNITED STATES

14-8933 OLIVER, COREY V. UNITED STATES

14-8938 FIELDS, TYRONE S. V. UNITED STATES

14-8939 GRINER, RICHOL V. UNITED STATES

14-8940 INZANO, ROBERT A. V. UNITED STATES

14-8942 FULFORD, DAVID C. V. UNITED STATES

14-8944 HILL, ANTOINE M. V. UNITED STATES

14-8946 HOON, KENNETH V. UNITED STATES

14-8952 WILLIAMS, LARRY V. CARTLEGE, WARDEN, ET AL.

14-8953 WARE, LATRON R. V. UNITED STATES

14-8955 VISHNEVETSKY, DIMITRY V. UNITED STATES

14-8959 KING, CLEMENT D. V. UNITED STATES

10

14-8960 LARRIMORE, JOSHUA G. V. UNITED STATES

14-8963 BROWNLEE, DEREK T. V. UNITED STATES

14-8968 GASTELUM-CAMPA, FRANCISCO V. UNITED STATES

14-8971 SUDDUTH, JONATHAN M. V. UNITED STATES

14-8972 ROUSE, MICHAEL W. V. UNITED STATES

14-8973 SANABRIA-ARCHIGA, IVAN V. UNITED STATES

14-8974 EALY, LANCE V. USDC SD OH

14-8981 FLOWERS, WILLIAM A. V. UNITED STATES

14-8985 BATTLE, DELVONN V. UNITED STATES

14-8996 PEREZ, GINO V. UNITED STATES

14-8999 ROBINSON, LEON V. UNITED STATES

14-9000 GIBBONS, JOHN E. V. UNITED STATES

14-9001 MARTIN, DAVID J. V. UNITED STATES

14-9005 BALDWIN, EARL V. UNITED STATES

14-9010 WADE, ROCCI V. UNITED STATES

14-9015 COLEMAN, PARKER A. V. UNITED STATES

14-9017 MENDEZ, FIDEL A. V. UNITED STATES

14-9021 VIGIL, OSCAR A. V. UNITED STATES

14-9034 BARSOUM, IHAB S. V. UNITED STATES

14-9037 CASTRO-CAICEDO, GUSTAVO V. UNITED STATES

The petitions for writs of certiorari are denied.

14-804 GAINES, ENYKA M., ET AL. V. FHLM, ET AL.

The motion of Michigan Legal Services, et al. for leave to

file a brief as amici curiae is granted. The petition for a

writ of certiorari is denied.

14-965 AHMAD, NIZAM V. INTERNATIONAL BUSINESS MACHINES

The petition for a writ of certiorari is denied. Justice

Breyer took no part in the consideration or decision of this

11

petition.

14-969 LANDERS, GREG V. QUALITY COMMUNICATIONS, INC.

The motion of Civil Procedure Law Professors for leave to

file a brief as amici curiae is granted. The petition for a writ

of certiorari is denied.

14-1039 FLORIDA V. TEAMER, KERRICK V.

The motion of respondent for leave to proceed in forma

pauperis is granted. The petition for a writ of certiorari

is denied.

14-8189 SCOTT, CHRISTIE M. V. ALABAMA

14-8194 LOCKHART, COURTNEY L. V. ALABAMA

The petitions for writs of certiorari are denied. Justice

Breyer and Justice Sotomayor dissent.

14-8499 MANKO, NELLA V. LENOX HILL HOSPITAL

The motion of petitioner for leave to proceed in forma

pauperis is denied, and the petition for a writ of certiorari is

dismissed. See Rule 39.8.

14-8508 KING, WILLIAM V. McDONNELL, SHERIFF



dismissed. See Rule 39.8. As the petitioner has repeatedly

abused this Court's process, the Clerk is directed not to accept

any further petitions in noncriminal matters from petitioner

unless the docketing fee required by Rule 38(a) is paid and the

petition is submitted in compliance with Rule 33.1. See Martin

v. District of Columbia Court of Appeals, 506 U. S. 1 (1992)

(per curiam).

12

14-8694 PAKES, MILAN P. V. FRAUENHEIM, WARDEN


Breyer took no part in the consideration or decision of this

petition.

14-8734 CLEAVER, JAMES F. V. MAYE, WARDEN

14-8835 BEANE, JAY V. UNITED STATES

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

14-8886 FULLER, SHELDON V. UNITED STATES


Sotomayor took no part in the consideration or decision of this

petition.

14-8931 SHELTON, MONTY M. V. UNITED STATES



dismissed. See Rule 39.8. Justice Kagan took no part in the

consideration or decision of this motion and this petition.

14-9022 TRAN, LAN NGOC V. UNITED STATES


Sotomayor took no part in the consideration or decision of this

petition.

HABEAS CORPUS DENIED

14-9119 IN RE JORGE ORNELAS

14-9124 IN RE TERRY CONDREY

The petitions for writs of habeas corpus are denied.

14-9026 IN RE VERNON TATUM


13

pauperis is denied, and the petition for a writ of habeas corpus

is dismissed. See Rule 39.8.

MANDAMUS DENIED

14-963 IN RE WILLIAM H. WYTTENBACH

14-8435 IN RE VERRINA M. SHIELDS BEY

The petitions for writs of mandamus are denied.

REHEARINGS DENIED

12-9941 ANDERSON, JOHN T. V. PRIVATE CAPITAL GROUP, ET AL.

14-644 WILLIS, DERRICK L. V. VIRGINIA, ET AL.

14-822 ANORUO, JOSEPH C. V. McDONALD, SEC. OF VA

14-919 NATIVE WHOLESALE SUPPLY V. OKLAHOMA, EX REL. PRUITT

14-5500 FOURSTAR, VICTOR C. V. DECON, JACQUELINE, ET AL.

14-5501 FOURSTAR, VICTOR C. V. FARLEY, WARDEN

14-6822 GOINGS, JOSEPH V. SUMNER COUNTY, ET AL.

14-6988 McGHEE, GEORGE V. USDC SD MS, ET AL.

14-7152 MAY, SAMUEL J. V. AMGEN, INC.

14-7244 SHAO, LINDA V. WANG, TSAN-KUEN

14-7293 WILCOX, DARIOUS V. FLORIDA

14-7395 MARROQUIN, ARMANDO V. MACDONALD, WARDEN

14-7424 TAYLOR, JACQUELINE L. V. VIRGINIA

14-7520 EVERETT, RON C. V. BARROW, WARDEN

14-7545 RAMOS, MARTINO V. FL DOC

14-7577 IN RE MARVIN B. SMITH, III, ET UX.

14-7580 IN RE THOMAS BOWLES, III

14-7659 VU, NGUYEN V. EVERS, JOSEPH H.

14-7673 IN RE ALAN L. McDONALD

14-7734 PRICE, CHANDRA D. V. BURWELL, SEC. OF H&HS

14-7747 HOWARD, ERIC B. V. CORRECTIONS CORP. OF AMERICA

14

14-7784 PERRY, ETHEL L. V. McDONALD, SEC. OF VA

14-7865 BOWLING, JOHN R. V. APPALACHIAN FEDERAL CREDIT UNION

14-7924 MILLIS, MICHAEL V. CROSS, WARDEN

14-7927 PERRY, RAYMOND L. V. UNITED STATES

14-7978 SESSON, DENISE V. TUSCALOOSA, AL

14-8233 SAEKU, SOMSAK V. UNITED STATES

The petitions for rehearing are denied.

14-7637 HERNANDEZ, TODD A. V. UNITED STATES

The petition for rehearing is denied. Justice Kagan took no

part in the consideration or decision of this petition.

14-7023 IN RE BRENDIA JOYCIA FORD

The motion for leave to file a petition for rehearing is

denied.

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Dickson v. Rucho Motion for Expedited Schedule on Remand

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Transcript of Dickson v. Rucho Motion for Expedited Schedule on Remand